- For specific country examples see Freedom of speech by country, and Criminal speech.
According to the Freedom Forum Organization, legal systems, and society at large, recognize limits on the freedom of speech, particularly when freedom of speech conflicts with other values or rights. Limitations to freedom of speech may follow the "harm principle" or the "offense principle", for example in the case of pornography, or hate speech. Limitations to freedom of speech may occur through legal sanction or social disapprobation, or both.
In "On Liberty" (1859) John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered." Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment. However, Mill also introduced what is known as the harm principle, in placing the following limitation on free expression: "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others."
In 1985 Joel Feinberg introduced what is known as the "offence principle", arguing that Mill's harm principle does not provide sufficient protection against the wrongful behaviours of others. Feinberg wrote "It is always a good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offense (as opposed to injury or harm) to persons other than the actor, and that it is probably a necessary means to that end." Hence Feinberg argues that the harm principle sets the bar too high and that some forms of expression can be legitimately prohibited by law because they are very offensive. But, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm. In contrast Mill does not support legal penalties unless they are based on the harm principle. Because the degree to which people may take offense varies, or may be the result of unjustified prejudice, Feinberg suggests that a number of factors need to be taken into account when applying the offense principle, including: the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offense, and the general interest of the community at large.
Read more about this topic: Freedom Of Expression
Other articles related to "limitations":
... AFA, IBT Airline Policies - FRMP, Fairness These include Flight Time Limitations (FTL) - Daily, Weekly, Monthly, Quarterly and Yearly Flight Duty Period Limitations (FDP) - Daily, Weekly, Monthly ... of assignments, base allocation of crew members, Reserve limitations, Crew Training Requirements ...
... Several publications have commented on limitations given to pre-release reviewers by Konami, including discussion on the length of cutscenes and size of the PS3 installation ... These limitations resulted in Electronic Gaming Monthly delaying its review ... the game either, claiming Konami have withheld review code because of non-compliance with the limitations ...
... Due to the limitations of the CD-i, several features could not be included in the game, such as large numbers of sprites on the screen, Mode 7 and many visual effects ...
... asserted that limitations on rights must be motivated by an objective of sufficient importance ...
Famous quotes containing the word limitations:
“The motion picture made in Hollywood, if it is to create art at all, must do so within such strangling limitations of subject and treatment that it is a blind wonder it ever achieves any distinction beyond the purely mechanical slickness of a glass and chromium bathroom.”
—Raymond Chandler (18881959)
“... art transcends its limitations only by staying within them.”
—Flannery OConnor (19251964)
“That all may be so, but when I begin to exercise that power I am not conscious of the power, but only of the limitations imposed on me.”
—William Howard Taft (18571930)